Terms and conditions

Terms and Conditions of Use for Mindful Creation Websites, Accounts and Software Applications

Welcome to Mindful Creation. Below is the required legal information of which it is recommended that you read:

The Mindful Creation websites, accounts (“the Sites”) and other services including software applications. The Site is owned by Reuben Lowe trading as Mindful Creation.

These terms of service (“Terms”) apply to all use of the Sites, the audio guided mindfulness meditations, the iOS applications (“the Services”). Please read these terms carefully before accessing or using any part of the Site. By accessing or using any part of the Site, you agree to become bound by these terms. If you do not agree to all these Terms, then you may not access the Site or use any of the Services. You should also refer to our Privacy Policy, which contains important information regarding personal information you may provide to us on these Sites.

1. USE OF SITE/INFORMATION

The information contained in the Site and Services is intended to provide general information only. You acknowledge that you are responsible for your own health and body and any meditation you undertake is at your own risk, and that while some meditation products are designed for therapeutic use, the Site and the Services are not. Therefore if you have any clinical mental health issues or are in any doubt, you should contact your doctor or mental health professional for alternative courses of action or treatment. You acknowledge that the use of the Sites and the Services do not guarantee an improvement in wellbeing.

None of the information on the Site should be construed as a claim or representation that any advice, products or services of Mindful Creation are intended for use in the diagnosis, cure, treatment or prevention of disease or any other medical or mental health condition. In dealing with any medical or mental health conditions, always consult a doctor or mental health professional.

2. LINKS

The Sites contain links to third-party websites or resources. You acknowledge and agree that Mindful Creation is not responsible or liable for:

a. The availability or accuracy of such websites or resources; or

b. The content, products or services on or available from such websites or resources.

Links to such websites or resources do not imply any endorsement by Mindful Creation of such websites or resources, or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risks arising from your use of such websites or resources.

3. SEVERABILITY

In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

4. DISCLAIMER

The Sites are available “as-is”. The sites, content and services are provided “as-is”, without warranty or condition of any kind, either express or implied to the extent permitted by law. Without limiting the foregoing, Mindful Creation makes no representations or warranties that the Site, content and Services will meet your requirements, be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Sites or the server that makes it available are free of viruses. Mindful Creation makes no representations or warranties about the accuracy, truthfulness, completeness or reliability of any information obtained through the Sites or the Services. Mindful Creation is not liable for any loss resulting from any action taken or reliance made by you on any information or material contained in the Site, content or the Services. No advices or information, whether oral or written obtained from Mindful Creation or through the Sites content, or the Services, will create any warranty not expressly made in these Terms.

5. EXCEPTION TO DISCLAIMER

The above disclaimer does not attempt or purport to exclude liability under statute if, and to the extent, that such liability cannot be lawfully excluded.

6. LIMITATION OF LIABILITY

Nothing contained in the Sites, content or the Services, constitutes professional advice or a formal recommendation of any kind.

7. USE OF GUIDED AUDIO MINDFULNESS MEDITATIONS

It goes without saying that guided audio mindfulness meditations should not be used when driving or during any activity which requires your full concentration. Guided audio mindfulness meditations were specifically designed to help increase a state of connection to the present moment, and to pave the way for possibly attaining a greater sense of peace and purpose. They are not designed to assist in any way with people struggling with mental health difficulties. If you have any clinical mental health issues or are in any doubt, you should contact your doctor or mental health professional for alternative courses of action or treatment.

8. INDEMNIFICATION

You agree to indemnify Mindful Creation against any loss, liability, claim, demand, damage or expense (including legal fees) asserted by any third party arising out of a breach of these Terms either by yourself or by any person.

9. GOVERNING LAW

The Terms will be governed and interpreted in accordance with the laws of Victoria, Australia. You and Mindful Creation agree to submit to the non-exclusive jurisdiction of the courts of Victoria.

10. WEBSITE COMPLIANT WITH AUSTRALIAN LAW ONLY

Mindful Creation does not warrant that the Sites or the Services comply with the laws of any country outside of Australia. If you choose to access the Site from another location or jurisdiction, you do so at your own risk and are responsible for compliance with applicable local laws.

11. AMENDMENTS

Mindful Creation reserves the right to amend these Terms from time to time. Amendments will be effective immediately. It is your responsibility to check these Terms periodically for changes. Your continued use of the Sites following the posting of any amendments to these Terms will represent an agreement by you to be bound by these Terms as amended.

12. COPYRIGHT

All material contained on the Site and in the Services is protected by copyright under the laws of Australia and, through international treaties, in other countries. The Site and Services contain copyrighted materials, trademarks and other proprietary information, including, but not limited to text, images and audio, the worldwide rights to which are owned or licensed by Mindful Creation.

You may not use, copy, publish, upload, post (to a bulletin board, blog or otherwise), transmit, distribute or modify any contents of the Site in any way without permission from Mindful Creation.

All intellectual property rights in relation to the Site, content and Services are reserved and owned by Mindful Creation.